Fogbow

Eric Columbus
@EricColumbus
Ok now I think I get this motion. DA wants to make crystal-clear that Trump cannot attack his family. Gag order, read fairly, encompasses the DA’s family, but not 100% clear. Judge’s daughter discussed just for optics. Here’s a thread, with caveat that I’m out walking my dog. 1/

Eric Columbus
@EricColumbus
Judge’s order gags Trump from attacking, among others, “counsel in this case (other than the DA)” and “family members of any counsel.” Does the parenthetical in the first quote extend to the second? Logic says no. And DA wants judge to so say expressly, to protect his family. 2/


Eric Columbus
@EricColumbus
Whereas the original order plainly does *not* extend to the judge’s daughter. The judge is not a “staff member” so neither he nor his daughter are included. 3/


Eric Columbus
@EricColumbus
Tellingly, Trump’s reply defends his right to attack the judge’s daughter but is silent on whether he may attack the DA’s family. 4/

Adam Klasfeld
@KlasfeldReports
Trump's lawyers have asked for a hearing on whether to expand the gag order to protect the judge's family.

Full filing here: https://www.documentcloud.org/documents ... eply-32924

Andrew C Laufer, Esq
@lauferlaw
“Trump’s attorneys say the daughter is fair game…” really isn’t the hill legal counsel should want to die on, metaphorically

Resume18 wrote: ↑Sat Mar 30, 2024 11:18 am For the eleventeenth time: Won't someone have the stones to jail this stochastic terrorist?

“That picture was on the back of a pick up truck that was traveling down the highway. Democrats and crazed lunatics have not only called for despicable violence against President Trump and his family, they are actually weaponizing the justice system against him.”

pipistrelle wrote: ↑Sat Mar 30, 2024 11:57 am

Resume18 wrote: ↑Sat Mar 30, 2024 11:18 am For the eleventeenth time: Won't someone have the stones to jail this stochastic terrorist?

This one?
Trump posts video that shows image of Biden tied up in the back of a truck

AndyinPA wrote: ↑Sat Mar 30, 2024 12:47 pm What Democrats have called for violence against his family?

Lisa Rubin
@lawofruby
NEW: According to reporting & judging from Trump’s social media, his camp is considering another motion to recuse Judge Juan Merchan on the basis of his daughter’s leadership of an online strategy firm that has, among other clients, worked for Biden & other Dem candidates. 1/

Trump moved to recuse Merchan last May—and his daughter was the principal reason why. 2/

In particular, Trump argued New York law demands recusal where the judge knows that their spouse or a person “known by the judge to be within the sixth degree of relationship to either of them … has an interest that could be substantially affected by the proceeding.” 3/

How, you might ask, would the case substantially affect his daughter’s interest? The argument is basically that because her firm has created digital fundraising campaigns for one or more candidates directly referencing the NY indictment, she financially benefits from the case’s very existence (and its continuation). 4/

But most of the argument was about the firm’s past. Indeed, while noting the firm worked for the Biden-Harris campaign in 2020, the motion was fuzzier about its current work, explaining only the firm “continues to promote messaging directed, at least in part, against President Trump.”

To the extent that Trump is considering a *new* recusal motion, note that one reason why is because disqualification motions are not eligible for interlocutory — or mid-case — review. Rather, to appeal their last recusal bid, he’ll have to wait until after a verdict.

But if, as Trump has asserted, even the appearance of bias demands recusal, an argument based on the work of Merchan’s daughter’s firm is not frivolous. On the other hand, it’s hard for legal experts following the case to see that when 1) it comes *this close* to trial; and…

and 2) he continues to ratchet up his social media campaign against the judge’s daughter, including by posting her picture tonight. I am not yet convinced that Trump has shown or can show she has an interest that has been or will be “substantially affected by the proceeding.”

But even if Merchan should be disqualified, Trump’s jeopardizing the safety of the judge’s family member is unacceptable.

In particular, Trump argued New York law demands recusal where the judge knows that their spouse or a person “known by the judge to be within the sixth degree of relationship to either of them … has an interest that could be substantially affected by the proceeding.”

chancery wrote: ↑Sat Mar 30, 2024 10:57 pm I'm not saying that Trump plans to go that far. But I'm wondering if he's planning to escalate the attacks to the point where his lawyers could argue, not withstanding the principle that a defendant shouldn't be able to force recusal by his bad conduct, that it wouldn't be humanly possible for the judge to set aside his concern for his daughter in ruling on Trump's case.

tek wrote: ↑Sun Mar 31, 2024 6:26 am

In particular, Trump argued New York law demands recusal where the judge knows that their spouse or a person “known by the judge to be within the sixth degree of relationship to either of them … has an interest that could be substantially affected by the proceeding.”

That would seem to require an awful lot of recusin' ...

jemcanada2 wrote: ↑Sun Mar 31, 2024 8:39 am

tek wrote: ↑Sun Mar 31, 2024 6:26 am

In particular, Trump argued New York law demands recusal where the judge knows that their spouse or a person “known by the judge to be within the sixth degree of relationship to either of them … has an interest that could be substantially affected by the proceeding.”

That would seem to require an awful lot of recusin' ...

Isn’t the theory that everyone in the entire world is separated by only 6 degrees of separation?

Yep! That’s a lot of recusing!

Sam the Centipede wrote: ↑Sun Mar 31, 2024 1:23 pm

jemcanada2 wrote: ↑Sun Mar 31, 2024 8:39 am

tek wrote: ↑Sun Mar 31, 2024 6:26 am
That would seem to require an awful lot of recusin' ...

Isn’t the theory that everyone in the entire world is separated by only 6 degrees of separation?

Yep! That’s a lot of recusing!

Degrees of relationship is NOT degrees of separation!

For 2 people, count from each up to their most recent common ancestor (by blood or marriage) and add the numbers.

So 1 for you and a parent, 2 for you and a brother, sister or grandparent.

And 6 for you and a great-great-great-great-grandparent, a second cousin or a first cousin twice removed.

So fairly distant.

tek wrote: ↑Mon Apr 01, 2024 12:06 pm "the average person has around 28 second cousins"
So, in a family with a legal bent, could be trouble. IMHO.

Slim Cognito wrote: ↑Mon Apr 01, 2024 12:22 pm Yeah, it’s all fun and games until someone pokes an eye out murders a judge’s daughter.